Kerala High Court
Shareefa Fathima Mulla Beevi P.M vs Sayyid Hashim K.V. K on 27 March, 2024
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WA NO. 460 OF 2024
AGAINST THE JUDGMENT DATED 29.02.2024 IN WP(C) NO.28200
OF 2021 OF HIGH COURT OF KERALA
APPELLANT/ADDITIONAL 4TH RESPONDENT:
SHAREEFA FATHIMA MULLA BEEVI P.M, AGED 76 YEARS,
W/O LATE SAYYID SALIH POOKOYA THANGAL SAYYID
MANZIL HOUSE KURUVA MAKKARAPPARAMBA P.O
MALAPPURAM, PIN - 676 507
BY ADVS.
ALIAS M.CHERIAN
K.M.RAPHY
BRISTO S PARIYARAM
AMEERA JOJO
MINNU DARWIN
RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 3 AND 5 TO 8:
1 SAYYID HASHIM K.V. K , S/O LATE SAYYID SALIH
POOKOYA THANGAL SAYYID MANZIL, MAKKARAPARAMBA
KURUVA P.O, MALAPURAM, PIN - 676 507
2 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL
SECRETARY GENERAL EDUCATION DEPARTMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 685 001
3 THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE
DIRECTOR OF GENERAL EDUCATION JAGATHY,
VAZHUTHAKKAD THIRUVANANTHAPURAM, PIN - 695 014
4 THE ASSISTANT EDUCATIONAL OFFICER
MANKADA, MALAPPURAM, PIN - 679 324
5 SAYYID HAMEED ALI KVK, S/O. LATE SAYYID POOKOYA
THANGAL DHARUL SALAM HOUSE, CHERUKULAMBA
W.A.Nos..460 and 461 of 2024
..2..
VATTALUR P.O, MALAPPURAM, PIN - 676 507
6 SAINABA BEEVI, D/O. LATE SAYYID POOKOYA THANGAL
KAPPAT VALIYAKATH KATTUNGAL SAYYID MANZIL,
KURUVA MAKKARAPPARAMBA P.O, MALAPPURAM, PIN -
676 507
7 SHAREEFA BEEVI, D/O. LATE SAYYID POOKOYA THANGAL
KAPPAT VALIYAKATH KATTUNGAL SAYYID MANZIL,
KURUVA MAKKARAPPARAMBA P.O, MALAPPURAM, PIN -
676 507
8 SHADIYA BEEVI, D/O. LATE SAYYID POOKOYA THANGAL
KAPPAT VALIYAKATH KATTUNGAL SAYYID MANZIL,
KURUVA MAKKARAPPARAMBA P.O, MALAPPURAM, PIN -
676 507
SMT. B VINITHA SR GP
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
27.03.2024 ALONG WITH WA NO.461 OF 2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.A.Nos..460 and 461 of 2024
..3..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WA NO. 461 OF 2024
AGAINST THE JUDGMENT DATED 29.02.2024 IN WP(C) NO.31265
OF 2023 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
SHAREEFA FATHIMA MULLA BEEVI P.M, AGED 76 YEARS
W/O LATE SAYYID SALIH POOKOYA THANGAL SAYYID
MANZIL HOUSE KURUVA MAKKARAPPARAMBA P.O
MALAPPURAM, PIN - 676 507
BY ADVS.
ALIAS M.CHERIAN
K.M.RAPHY
BRISTO S PARIYARAM
AMEERA JOJO
MINNU DARWIN
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL
SECRETARY GENERAL EDUCATION DEPARTMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001
2 THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE
DIRECTOR OF GENERAL EDUCATION JAGATHY,
VAZHUTHAKKAD THIRUVANANTHAPURAM, PIN - 695 014
3 THE ASSISTANT EDUCATIONAL OFFICER
W.A.Nos..460 and 461 of 2024
..4..
MANKADA, MALAPPURAM, PIN - 679 324
4 SAYYID HASHIM K.V. K, S/O LATE SAYYID SALIH
POOKOYA THANGAL SAYYID MANZIL, MAKKARAPARAMBA
KURUVA P.O, MALAPURAM, PIN - 676 507
SMT. B VINITHA SR GP
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
27.03.2024 ALONG WITH WA NO.460 OF 2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.A.Nos..460 and 461 of 2024
..5..
JUDGMENT
A. Muhamed Mustaque, J.
The dispute between the mother and the son regarding
transfer of management and ownership led to this litigation.
The mother claimed that the document created in favour of
the son is by playing fraud and no consideration was passed
out. It is also alleged that the application submitted for
transfer of management and ownership before the education
authority is also by playing fraud on the mother. The Director
of General Education appointed Assistant Educational Officer.
2. The learned Single Judge directed the Director
General of Education to consider the application submitted by
the mother for transfer of management and ownership.
3. The mother has come up with this appeal
contending that she was the manger and she may be
permitted to continue till issues are resolved by the civil
court. Admittedly, civil cases are pending. The question is
W.A.Nos..460 and 461 of 2024
..6..
whether the 2nd respondent is competent to decide the
question relating to the transfer and ownership and if not,
what should be the alternate arrangements.
4. Primarily, the authority will have to consider, based
on the materials on record, whether actual transfer of
management and ownership has been occurred or not. If
there is disputed question of facts which require an
adjudication, normally, such authority should relegate parties
to resolve disputes through competent Court, as it is not in
the domain of the educational authority to decide a disputed
question of fact. We are not referring to those aspects now.
The materials are born on record. It is for the second
respondent to decide whether the question can be decided
without relegating the parties to the civil court or not.
If the second respondent is of the view that such
disputes cannot be resolved, he shall, no doubt, make
necessary arrangements to see that the school is run by a
competent person; whether the AEO or any other person, till
such dispute is decided by the civil court. Therefore, we
W.A.Nos..460 and 461 of 2024
..7..
dispose of these appeals clarifying the directions of the
learned Single Judge.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
M.A.ABDUL HAKHIM
JUDGE
PR
